CHAPTER ONE: GENERAL PROVISIONS
Reg.3.101
Authority
Arkansas Code Annotated (A.C.A.) §
8-5-205
authorizes the Pollution Control and Ecology Commission to adopt implementing
regulations necessary to effectuate the powers and duties of the Wastewater
Licensing Committee.
Reg.3.102
Scope of
Rules
The purpose of this Regulation is to establish requirements for
the training, classification, qualifications, and licensing of operators of
wastewater treatment plants and for other purposes.
Reg.3.103
Definitions
All terms included in this section shall have the same meaning
as established by A.C.A. §5-201 unless more specifically defined herein.
Approved Training - Training reviewed and approved
by the Committee that meets the requirements for wastewater training under this
Regulation.
Commission - The Arkansas Pollution Control and
Ecology Commission.
Committee, Licensing - The committee, appointed by
the Arkansas Pollution Control and Ecology Commission, was created and
established to advise and assist the Arkansas Pollution Control and Ecology
Commission and the Department in the administration of the wastewater operators
licensing program.
Department - The Arkansas Department of
Environmental Quality, or its successor.
Direct Training - Training hours in subjects
directly applicable to the field of wastewater treatment processes, collection
pumping, or management.
Domestic Wastewater - means the spent wastewater
originating from all aspects of human sanitary water usage.
Executive Secretary - The Arkansas Department of
Environmental Quality employee appointed by the ADEQ Director to administer the
wastewater licensing program on behalf of the Committee and the
Department.
Indirect Training - Training in applicable subject
matter, such as personal operator safety, water treatment and distribution
plumbing inspection, or cross-connection control certification courses.
Industrial "Wastewater Treatment Facility - means
a privately owned wastewater treatment plant for treating liquid wastes
resulting from any process of industry, manufacture, trade or business or the
development of any natural resources. A facility shall be classified as
"industrial" if no significant part of the wastewater is classified as
municipal or domestic wastewater.
Municipal Wastewater Treatment Facility - means a
treatment facility that generally includes the treatment of domestic
commercial, and industrial wastes.
Operator - Any person who is in responsible charge
of the operation of a wastewater treatment plant, in whole or in part, and who
during the performance of their regular duties, exercises individual judgment
which directly or indirectly may affect the proper operation of such plant
"Operator" shall not be deemed to include an official solely exercising general
administrative supervision.
Wastewater Treatment Plant - means any plant,
disposal field, lagoon, pumping station or other works:
(A) That use chemical or biological processes
for:(1) Treating, stablizing, or disposing of
sewage, industrial wastewaters or other wastewaters; or
(2) The reduction and handling of sludge
removed from such wastewater, and
(B) From which:
(1) A discharge to the waters of the state
occurs, or
(2) Municipal wastewater
is land-applied.
CHAPTER TWO: LICENSING COMMITTEE
Reg.3.201
Licensing Committee Composition
The Wastewater Licensing Committee is created and established
to advise and assist the Arkansas Pollution Control and Ecology Commission and
the Arkansas Department of Environmental Quality (ADEQ) in the administration
of the licensing program. The committee shall be composed of eight (8)
members:
(A) Five (5) members, to be
appointed by the commission, of which three (3) members shall be active
wastewater treatment plant operators licensed by the department and two (2)
members shall be employed by a private corporation or industry located in
Arkansas and nominated at large by corporations or industries for service on
the committee;
(B) One (1) member,
to be appointed by the commission, shall be an employee of a municipality
operating a wastewater treatment plant who holds the position of chief
administrative officer, city engineer, director of public utilities, or other
equivalent position;
(C) One (1)
member, to be appointed by the commission, shall be a faculty member of an
accredited college, university, or professional school in the state whose major
field is related to water resources or sanitary engineering; and
(D) One (1) member shall be the Director of
the Department of Environmental Quality, or a qualified member of the
Director's staff, who shall act as executive secretary of the licensing
committee.
Reg.3.202
Licensing Committee Powers and Duties
(A) The Licensing Committee shall have the
power and duty to:(1) Establish such
administrative policies and guidelines as necessary to carry out the powers and
duties of the Committee.
(2)
Conduct such inquiries and establish findings necessary to advise the
Commission and the Department on irregularities encountered in the management
of the licensing program.
(3)
Conduct such inquiries and establish such facts as necessary to advise the
Commission and the Department on the actions of licensees.
(4) Recommend such administrative sanctions
as necessary to promote the professional integrity of wastewater
licensees.
(5) Adopt such criteria
as the Committee may deem necessary to define the areas of competence for each
classification of operators and to establish criteria, make determinations, and
recognize substitutions of equivalency, education, or experience as it deems
appropriate.
(6) Review and approve
training programs to satisfy the requirements of this Regulation.
(B) Executive Secretary Powers and
Duties
The Executive Secretary works on behalf of the Committee and
the Department and shall:
(1)
Administer licensing examinations;
(2) Collect fees;
(3) Process licenses and renewals;
(4) Review training requests and make
recommendations; and
(5) Complete
other duties as required to carry out the responsibilities of the Committee and
the Department.
CHAPTER THREE: REQUIREMENTS FOR LICENSURE
Every owner of a wastewater treatment plant is required to
employ a licensed operator with a license classification at least equivalent to
the treatment plant's classification as determined in accordance with Chapter 5
below. Anyone whose regular job duties may directly affect the process
operation of the wastewater treatment plant must obtain a license under this
Regulation.
The training and qualifications required for each class of
license is set forth below:
Reg.3.301
Requirements for and Classification of Licensed Municipal
Wastewater
Operators
(A)
Apprentice License
(1) Issued for a maximum of six (6) months
and
(2) Issued only once;
and
(3) The receiving operator must
have never been previously licensed under this Regulation.
(B)
Class I License
(1) High school graduate, GED or equivalent;
and
(2) Satisfactory completion of
forty (40) hours of approved training or equivalent or substitute training as
determined or defined by the Wastewater Licensing Committee and
(3) Satisfactory completion of a Class 1
examination.
(C)
Class II License
(1) Hold a
Class I or equivalent license; and
(2) Satisfactory completion of a total of
eighty (80) hours of approved training or equivalent or substitute training as
determined or defined by the Wastewater Licensing Committee; and
(3) Two (2) years of experience in wastewater
treatment or related field; and
(4)
Satisfactory completion of a Class II examination; and
(5) Have satisfactorily carried out the
responsibilities of a Class I operator.
(D)
Class III License
(1) Hold a Class II or equivalent license;
and
(2) Satisfactory completion of
a total of one hundred twenty (120) hours of approved training or equivalent or
substitute training as determined or defined by the Wastewater Licensing
Committee; and
(3) Completion of a
total of three (3) years of experience in wastewater treatment or related
field; provided, that at least one (1) year shall have been in wastewater
treatment plant operation; and
(4)
Satisfactory completion of a Class III examination; and
(5) Have satisfactorily carried out the
responsibilities of a Class II operator.
(E)
Class IV License
(1) Hold a Class III license or equivalent
for at least three(3) years; and
(2) Satisfactory completion of a total of two
hundred (200) hours of approved training; and
(3) Completion of six (6) years of experience
in wastewater treatment; provided, that at least two (2) years shall have been
in direct charge of a...
